Texas Bar Approves LGBT Legal Issues Section
By Phyllis Frye
AUSTIN, Texas
April 17, 1998
The Board of Directors of the State Bar of Texas has voted to approve the creation of a new section for legal study
and continuing legal education that includes transgender issues.
The name of the Section is the "Sexual
Orientation and Gender Identification (SO&GI) Issues Section." It is
believed
that this is the first official State Bar to have a study section that is
inclusive of transgender issues in the very name of the section.
There were delaying tactics during the debate, but when it was all over,
the vote was more than two to one for approving the formation of the new
section.
I thought back to when I finished law school. I feel certain that as a
transgender, I was the first OPEN and OUT law student in Texas, and I
think I
may have been the same for the entire USA. (I'm sure that someone will
correct the second assumption, and that is fine.) But when I did become
a
lawyer in early 1980's I remember trying to get such a section started
(as was
approved last Friday in Austin). There were simply too many folks in the
closet, and my efforts were wasted.
In the early 1990's I was a charter member of the Bar Association for
Human
Rights (BAHR) in Houston. It was TG inclusive in the by-laws. The name
was
chosen because most of the members were not out and those who were out
were
not yet out enough. It has been a good organization, and we have all
learned
a lot about LGBT legal issues and enjoy each others company and legal
intercourse. (What a great way to use such a term -- ;-)))) ! )
And as you know, in the early 1990's I also started ICTLEP (the
International
Conference on Transgender Law and Employment Policy) which has held six
annual
conferences and has five bound volumes of "Proceedings" on TG legal
issues and
strategies. ICTLEP was formed back then because TG folks were not
included in
the LAMBDA Law, GLAAD or the NLGLA (National Lesbian and Gay Law
Association).
Much has changed and TG folks are in the NLGLA by-laws, on the NLGLA
Board and
fully integrated into the NLGLA's Lavender Law Conferences. (So much
so
that as a one year trial, ICTLEP has chosen not to compete with Lavender
Law,
but instead to throw its annual efforts into having its attendees instead
attend the 15-17 October Lavender Law Conference to be held in Boston.
For
information, see www.nlgla.org.)
In 1996, BAHR past-President Mitchell Katine, a Houston lawyer, sought
to
form a section for the LGBT issues. It was called the "Gay and Lesbian
Legal
Issues Section." Even though TG folks were in the by-laws, I decided
that
since this was a new organization and the name was being created "from
new
cloth", then the name had to be Bi and TG inclusive. I forcefully urged
the
State Bar Board to disapprove this proposed section, and it was defeated
by a
narrow margin of one vote. After this vote the Bar Board changed the
rules to
make it much more difficult to start a new section (raised the number of
required Texas attorney petitions from 75 to 200).
Mitchell has been a friend of mine for many years, and we remain friends.
He
changed the name of the proposed section to SO&GI, and working TOGETHER
we
began the work to get the new section approved which is what happened two
days
ago. Many present and past officers of BAHR were involved including but
not
limited to Anne Pike, Ken Spain, David Elliot, Connie Moore and Chris
Bacon.
Since I had been responsible for torpedoing the previous effort, I felt
the
duty to insure that the TG effort was substantial. I was told that we
raised
over 250 petitions and that those I had secured were substantial in
number. I
was also pleased to see six TG folks support me by attending the Friday
State
Bar Board hearings on this new section proposal.
The previous week I called my old high school buddy, Richard Pena, who is
an
Austin lawyer and the President-elect of the State Bar. He told me that
we
might have better luck getting this new section approved if we changed
the
name from an open SO&GI type name to a stealth BAHR type. I checked with
Mitchell and others who were running the effort and was gladdened that we
were
no longer desiring to be stealth about it. After the successful vote to
approve the SO&GI Issues Section, Richard joined Mitchell and Ken and me
for
photos that will be published in the "Texas Triangle" weekly next Friday.
Mitchell and Ken and the others ran a good strategy and a good effort. I
salute them and I was glad to be a part of it.
As we drank champagne in the hotel watering-hole (a different kind of
bar, for
sure), I learned that BAHR was probably going to change its name next
year.
It is time for a non-stealth name. I am proud of such maturity in the
LGBT
legal community. In many ways I feel that I have contributed much to
this
growing openness. I've been told that my being so very out and open down
at
the Harris County (Houston) Courthouses for the past 13 years has done
more to
give closeted LGB attorneys the courage to come out that any other
factor. As
they say to me, "If you can be so out and making a success both in your
business and in you legal rulings, I may as well do the same." Being out
is
the best way for sure.
Courage to you all, Phyllis
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